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Not Inputting reg number - appeal

dstill
Posts: 97 Forumite


I've looked for a similar subject on many forums and cannot find anything unfortunately, hence my post.
To keep it short I used a parking eye controlled car park when I was working for a company, I had to submit my registration number into a machine each day when using the car park which meant employees were exempted from paying for parking. One day I forgot to enter my registration number and eventually got a letter from parking eye containing a charge.
Wrongly or rightly I have ignored this but I now have a county court claim form form them with a Northampton address which I understand is the main clearing centre.
I believe I should respond to this now as if I don't they may win by default. My question is how do i defend this, is there a template letter I can use as this was a geniune mistake and in theory parking eye haven't suffered a financial loss. I can prove I was working for the company whose staff are exempt from paying for parking so wondered if this would be sufficient to have the charges quashed?
Any advice will be greatly appreciated.
To keep it short I used a parking eye controlled car park when I was working for a company, I had to submit my registration number into a machine each day when using the car park which meant employees were exempted from paying for parking. One day I forgot to enter my registration number and eventually got a letter from parking eye containing a charge.
Wrongly or rightly I have ignored this but I now have a county court claim form form them with a Northampton address which I understand is the main clearing centre.
I believe I should respond to this now as if I don't they may win by default. My question is how do i defend this, is there a template letter I can use as this was a geniune mistake and in theory parking eye haven't suffered a financial loss. I can prove I was working for the company whose staff are exempt from paying for parking so wondered if this would be sufficient to have the charges quashed?
Any advice will be greatly appreciated.
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Comments
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Yes you do need to either pay up or respond otherwise they win a default CCJ.
Assuming you want to take them on in court, then send back the "acknowledgement" form immediately to get you more time to get your defence together.
See #5 in the newbies faq thread for help on your defence. https://forums.moneysavingexpert.com/discussion/4816822
(Can't you get your employer to step in and get this sorted?)0 -
Thanks for your advice Quentin. Unfortunately I tried to get my old employer to assist but the only thing they are willing to do is to provide a signing in sheet which proves I was working for them that day and therefore was using the car park as a genuine member of staff, not sure if this will be seen as a reasonable defence?
If I put in a defence (and don't win) i'm assuming I will be liable for the £75 court costs as well as the initial £100 parking charge? If I don't put in a defence at what point can I still just get away with paying the initial charge only and no court fees as I really don't know if I've got a chance of winning!0 -
Whether or not it helps now, op, surely your proof of on-site working days either side of parkinglie's speculative invoice vindicates your presence there?
It would be a point of some merit in addition to 'the only thing they are willing to do is to provide a signing in sheet which proves I was working for them that day and therefore was using the car park as a genuine member of staff'
Shows a continuum?
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Hi ampersand,
Thanks for your reply.
Are you saying that proving i was working there will go against my defence, sorry for being dim?0 -
Yes you do need to either pay up or respond otherwise they win a default CCJ.
Assuming you want to take them on in court, then send back the "acknowledgement" form immediately to get you more time to get your defence together.
See #5 in the newbies faq thread for help on your defence. https://forums.moneysavingexpert.com/discussion/4816822
(Can't you get your employer to step in and get this sorted?)
Hi Quentin,
When you say look at #5 is that the fifth post in the thread?0 -
Hi Quentin,
When you say look at #5 is that the fifth post in the thread?
yes , #5 is post 5 , so read post #5 of the NEWBIES sticky thread
follow the advice of bargepole and parking pranksters fightback in court guide
acknowledge the claim and get the extra time to file a skeleton defence
research the case and others like the Beavis case
no there are no "template letters" for court, its a bespoke defence you should be arrinving at, its serious and each case is different so no template would cover it0 -
Now thay you have stopped ignoring them they should realise that, if they take this to court, they are on a hiding to nothing, and walk away.
Their problem in court is that your very minor human error has cost them nothing, and a judge is likely to take the same view.
From now on, be punctilious, polite, and assertive in your dealings with them.
They will send you a small forest of guff about how they always win in court, and send you cases dating back to the late 1890s, it is all flam flam designed to panicking you into paying. They rarely win against properly defended cases.
Read this
http://parking-prankster.blogspot.co.uk/2015/08/parkingeye-court-roundup.html and all the other stuff PP has written about them.You never know how far you can go until you go too far.0 -
there is no "if" about it, the OP has received court papers from Northampton and so is partway down that small claims track
the OP needs to read pranksters court guide and bargepoles holding defence etc, plus research all similar PE court cases and use their experiences etc in sorting out his/her own defence , including the written statement from the employer , plus using no locus standii etc as well , possibly steering the case towards popla if it hasnt been there already
acknowledge
defend
win (or popla or a stay until the Beavis case result comes out in case it changes anything in this particular case once they rule)0 -
there is no "if" about it,
There is always an if, Redx.
http://parking-prankster.blogspot.co.uk/2015/08/deal-fail-to-turn-up-to-court.html
and many many others.
What you are advising is completely over the top, County Court judges are not fools, they can recognise a con when they see one. No one has lost any money, and the OPs case for mitigation is overwhelming .
All the OP needs to do is tell it like it is, this barrack room lawyer approach is over-complicated, intimidating, and unnecessary in my opinion. I have no doubt that many, when faced with your "to do" list just pay up.You never know how far you can go until you go too far.0 -
there is no "if" about it,
There is always an if, Redx.
http://parking-prankster.blogspot.co.uk/2015/08/deal-fail-to-turn-up-to-court.html
and many many others.
Yes, but none of those "others" (as I recall) include PE ... who are the most litigious PPC.0
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